The death of Omar Stewart is an absolute tragedy and our hearts go out to his family and loved ones. Under New York law, if a pedestrian is injured or killed by a car leaving the scene (or, in this tragic case, two separate cars leaving the scene), the insurance and financial benefits are for the victim and his or her family available very limited.
If the victim owns a motor vehicle or lives with a relative who owns a motor vehicle (a household policy), the victim’s own insurance policy provides New York No-Fault Insurance benefits. The no-fault insurance provides money for hospital and doctor bills as well as lost wages, among other things. The victim’s household policy also provides benefits to uninsured motorists for the victim’s pain and suffering and wrongful death. The amount of this coverage varies and depends on the amount of coverage purchased.
If the victim does not own a motor vehicle or does not live with someone who does, a New York state agency called The Motor Vehicle Accident Indemnification Corporation (MVAIC) is required by law to provide no-fault benefits. Total No-Fault benefits are capped at $50,000. The amount of pain and suffering and wrongful death compensation that MVAIC will provide is also limited to the New York State minimum of $25,000 for injury and $50,000 for wrongful death.
We encourage everyone who owns a car to purchase the highest level of no-fault und underinsurance coverage they can afford to protect themselves and their family members. We also recommend that anyone who does not own a car take out insurance known as non-owner car insurance. Non-owner auto insurance can provide significant coverage for victims of hit-and-run and hit-and-run accidents.
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Glenn A. Herman, Esq.
Brooklyn hit-and-run attorney Herman & Herman, PC | lawyers
T: (212) 695-1900
Release ID: 315264
